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The UNAT held that the JAB made considerable internal changes in its law to satisfy the requirements of Article 2(10) of the Appeals Tribunal Statute.  It found that the JAB no longer provided only advice or mere recommendations to the ISA Secretary-General, but rather final decisions and, therefore, was a neutral first instance process.

The UNAT found that the plain reading of the facts left no doubt that: i) at the time when the contested decision was taken, there was no willingness of abandonment of post by the Appellant; ii) despite his poor mental health condition that was medically...

UNAT considered an appeal by Mr. Webster. UNAT held that although the current legal framework (ISA Staff Rule 11.2), mentions the establishment of a neutral first instance process with staff participation to take a decision upon any appeal by staff members against an administrative decision alleging the non-observance of their terms of appointment, including all pertinent regulations and rules, there is, to this date, no such neutral first instance process. According to the Staff Rules, the JAB Panel shall submit a report to the Secretary-General, who takes the final decision.

While it is...